What Is PFL?

NYS Paid Family Leave provides eligible employees up to 10 weeks of paid leave in 2019 at 55% of their average weekly wage (AWW), capped at 55% of the New York State Average Weekly Wage (NYSAWW). The benefit amount and duration are scheduled to gradually increase until 2021 when eligible employees will receive up to 12 weeks of paid leave at 67% of their AWW, capped at 67% of the NYSAWW. Leave can be taken to bond with a new child, take care of a seriously ill family member, or handle exigencies related to a family member’s active military service. NYS Paid Family Leave also provides job protection and guarantees benefits while out on leave.

What You Need to Know

New York’s Paid Family Leave is one of the most comprehensive family leave programs in the nation. Here are the top 10 things you need to know about NY PFL:

Paid Family Leave provides more than just a monetary benefit — it provides job security for employees out on paid leave (similar to unpaid leave under FMLA) but regardless of the size of the employer.

Paid Family Leave is set up as a rider (addition) to DBL (NY’s statutory short-term disability insurance).

All New York “Covered Employers” (typically private sector employers with at least 1 employee who have to provide DBL) also have to provide PFL. As such, it covers all those employees who currently get DBL through their employment.

Employers that are exempt from DBL, and occupations/employees who are excluded from DBL are also exempt/excluded from PFL — but the employer can obtain voluntary coverage for them.

Paid leave can be taken in daily increments and — unlike with Workers’ Comp — in intermittent intervals, such as every other Monday — partial-day or hourly PFL is not allowed.

To qualify for Paid Family Leave, employees working 20+ hours per week must have been employed at least 26 consecutive weeks at their current Covered Employer; and employees working fewer than 20 hours per week must have completed at least 175 days at their current Covered Employer.

There is no “waiting period.”

30 days’ employer notice is required for foreseeable leave. If this is not possible due to the circumstances (such as an accident or heart attack), the notification needs to happen as soon as practicable.

Employees can’t take DBL and PFL at the same time, , i.e., receive benefits from both concurrently. They have to be taken in sequence. And if an employee qualifies for both, the combined duration cannot exceed 26 weeks in a consecutive 52-week period.

Employers can’t require employees to exhaust their accumulated paid time off before letting them go out on Paid Family Leave (unless it's an approved FMLA leave).

PFL Benefits Roll-out Plan

PFL benefits are scheduled to gradually increase between 2018 and 2021 as follows:

Benefit stage effective date*

Maximum length of Paid Leave

Maximum benefit amount**

Payable % of employee’s Average Weekly Wage (AWW)

To the maximum % of NY Average Weekly Wage
(NYSAWW)

Benefit maximum based on current NYSAWW of $1,357.11**

01/01/2018

8 weeks

50%

50%

$652.96

01/01/2019

10 weeks

55%

55%

$746.41

01/01/2020

10 weeks

60%

60%

$814.27

01/01/2021

12 weeks

67%

67%

$909.26

*While this is the anticipated phase-in schedule, New York State may elect to delay increasing the benefit levels effective at each stage. ** NY Department of Labor releases the updated NYSAWW every March 31st of the prior applicable calendar year. Past years’ maximum benefit amounts are based on prior NYSAWWs respectively. The NYSAWW applicable to 2019 is $1,357.11 = $70,569.72 per year.

This chart is for leave taken in weekly increments. Leave taken in daily increments is based on the average number of days worked per week during the last 8 weeks before taking leave.

The benefit amount that is in effect at the time leave begins applies to the full duration of the paid leave for that event, even if a new calendar year with an increased benefit level falls within that period.

* While this the anticipated phase-in schedule, New York State may delay implementation at its discretion. ** Total for all qualifying events per 52-week period from the first day of paid leave (and regardless of requalifying at a new employer during that period).***NY Department of Labor releases the updated NYSAWW every March 31.

What does PFL cost?

The 2019 maximum contribution rate for Paid Family Leave is 0.153% of the employee’s annualized wages capped at the annualized New York State Average Weekly Wage (NYSAWW) of $70, 569.72 per year;* which means the maximum annual premium to be charged to an employee for Paid Family Leave is $107.97 per year.

As PFL is a rider to DBL, the premium gets billed together — and will need to be paid together. While the employer must pay the premium for their entire group, it is up to the employer whether they withhold from employees to recoup some or all of the premium through payroll deductions or not. Employers that take contributions cannot take retroactive deductions, or collect more than the allowable maximum contribution for Paid Family Leave.

More NY Paid Family Leave Resources

ShelterPoint will keep you in-the-know on the latest news, regulations, and updates as Paid Family Leave continues to evolve and roll out between now and 2021. We have the tools, information, and tips to keep you compliant with all the changes to Paid Family Leave. Stay connect for new updatesfrom your PFL Experts.

Latest Resources

As we were looking through the photos and reading the captions from our Bonding Photo contest, what really stood out to us was just how thankful so many employees were to have this benefit available to them. In this article, see how we are celebrating that thankfulness in the spirit of Thanksgiving this week...